Spinal Fusion: Patient Rights for Errors

Successful spinal fusion lawsuits rely on patients solidifying viable legal claims with the help of an attorney. Should a patient endure a spinal fusion surgery, which ultimately suffers complications due to errors related to medical negligence, the patient has a viable legal right to claim compensation for damages from the negligent party and other potentially liable parties, as well.

What Is a Spinal Fusion Procedure?

Typically, a patient will undergo a reasonable spinal fusion procedure should they exhibit specific spinal deformities, which may include scoliosis, spinal tumors, or spinal fractures. In essence, a spinal fusion procedure seeks to improve mobility in a patient, while also mitigating the amount of physical pain experienced by the patient. The process includes a patient undergoing a bone graft or the grafting of a foreign fixation device to fuse the spine.  In favorable procedures, patients often will not experience full recovery from the procedure in less than six months.

Risks and Common Surgical Errors Prevalent in Spinal Fusion Procedures

Commonly, the most cited error in spinal fusion malpractice claims relates to a spinal surgeon failing to perform the necessary grafting of bone in a manner that is equal to or above the professional standard of care. Other common errors and grounds for legal claims arising from error in spinal fusion procedures include:

• Anesthetic complications during the procedure

• Nerve damage, both temporary and permanent, from surgical errors or mistakes

• Surgical errors damaging the spine further, causing nerve damage, mobility issues, and physical pain in patients

• Vascular damage to the patient stemming from surgical mistakes

• Infections following a procedure, including foreign body infections

Proving Negligence in Spinal Fusion Errors

More often than not, negligent surgeon errors in spinal fusion surgeries stem from an inaccurate or misguided diagnosis prior to the surgical procedure. Furthermore, negligence claims may arise from the surgical mistakes during a procedure itself, the actions of supporting medical staff members before, during, and after the surgery, inappropriate use of bone fusion materials, or failure to predict and address post-operative care complications in a given patient. Given the integral nature of the spinal cord to the nervous system, and in turn, mobility and the sensation of pain; damages stemming from bone fusion surgery errors are often complex and long-term.

Getting Legal Help with Spinal Fusion Surgery Errors

Only an attorney can accurately determine the individual legal rights each patient has following a potentially negligent spinal fusion procedure. Each patient presents highly case-specific scenarios, which may be further investigated by an attorney and an expert medical witness to prove claims of negligence and pursue other legal options for patients, including filing suit against liable parties.